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Judgment
Heard learned counsels for the appellants in respective cases as well as the learned counsels appearing for the respondent State in respective cases.
The aforesaid Interlocutory Applications have been filed in respective Criminal Appeals under Section 430(1) of BNSS, 2023 for suspension of sentence and release the appellants on bail, during the pendency of these appeals.
Learned counsels for the appellants, in respective cases, submit that the appellants herein have been convicted vide judgement of conviction dated 05.08.2024 and order of sentence dated 06.08.2024 passed by learned Addl. Sessions Judge-1- cum-Special Judge, Lohardaga, in connection with Special POCSO Case No.27/ 2020 whereby and whereunder the appellants have been convicted under Sections 363/ 366A and 34 IPC and sentenced them to undergo RI for four years under Section 363 /34 of the IPC with fine of Rs.5,000/- and in default of payment of fine, to further undergo imprisonment of 15 days and further sentenced him to undergo RI for six years under Section 366A /34 IPC with fine of Rs.10,000/- and in default of payment of fine, to further undergo imprisonment of one month, and all the sentences of convicts will run concurrently.
Earlier vide order dated 26.11.2024 passed in the instant Cr. Appeals (SJ) with analogous cases, observation was made that if the appellants complete half of the sentence, they may renew their prayer for suspension of sentence and grant of bail.
Learned counsels appearing in respective cases on behalf of the appellants submit that the appellants, during trial, have remained in custody for one year thirteen days and they are in judicial custody since 05.08.2024 till date and in view of that, the appellants have completed three years, that is, half of the sentence.
Learned counsels appearing on behalf of the respondent State in respective cases oppose the prayer, but, they have not disputed that the appellants have remained in custody for three years.
Considering that the appellants have remained in custody for three years and the sentence is for six years, and that observation was made earlier that the appellants may renew their prayer after completing half of the sentence and there is no likelihood of hearing of the instant Crl. Appeals (SJ) in near future, I am inclined to grant bail to the appellants above named during pendency of these appeals.
Accordingly, the above named appellants, are directed to be released on bail, during the pendency of the appeals, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each, with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-1- cum- Special Judge, Lohardaga, in connection with Special POCSO Case No.27/ 2020.
The aforesaid Interlocutory Applications are disposed of.